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Poster: HektorT Date: Jan 23, 2011 4:59pm
Forum: moviesandfilms Subject: Re: Fleischer Gulliver's Travels Blu-ray: Public domain?

In principle, BluRay is just a higher definition digital transfer of the film. Many studios claim enhanced, when all they did was color correct. Such "enhancements" do not qualify as a derivative product and therefore they are not eligible for a new copyright.

To be eligible for copyright, the enhancements must contain a creative element. So colorized films can be copyrighted, but digitally enhanced transfers cannot. In any event, if no copyright has been filed for the new version there should be no problem.

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Jan 23, 2011 5:33pm
Forum: moviesandfilms Subject: Re: Fleischer Gulliver's Travels Blu-ray: Public domain?

I believe they have cropped the bottom and top off the frame and, in the process created a new frame/image, it is possible that they would be able to claim a justifiable copyright on the new transfer in the same way that a video company that pans and scans a widescreen image for 4:3 TVs is able to.

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Poster: HektorT Date: Jan 24, 2011 4:06am
Forum: moviesandfilms Subject: Re: Fleischer Gulliver's Travels Blu-ray: Public domain?

Pan & Scan has a creative element as the film must be completely reframed in every scene. It is something like editing. But I don't think any panned and scanned work has ever tried to defend itself against PD use. Cropping, I think, would generally not be eligible for the minimum creativity requirement.

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Poster: Administrator, Curator, or StaffVideo-Cellar Date: Jan 24, 2011 5:35am
Forum: moviesandfilms Subject: Re: Fleischer Gulliver's Travels Blu-ray: Public domain?

If the cropping process was done in a similar manner to panning and scanning but on the vertical that would be sufficiently creative to warrant a copyright claim.

In Maljack Productions Inc vs UAV Corp (1997), MPI was able to successfully contest that their pan and scan of "McLintock" was a new creative work and subject to full copyright protection.